Legal Opinion

State v. Gilbert

District Court of Appeal of Florida

Decided April 9, 1987No. 86-1259PublishedCited by 3 opinions

1Opinion of the Court

ORFINGER, Judge.

The trial court erred in holding that an experienced narcotics officer could not testify as to the weight of a bag containing cocaine which he had seen the defendant remove from his back, tear open and throw into a pond. An experienced narcotics officer (as well as a lay witness) can testify to the approximate weight of a given matter. Madruga v. State, 434 So.2d 331 (Fla. 3d DCA 1983); Capo v. State, 406 So.2d 1242 (Fla. 1st DCA), pet. for rev. denied, 413 So.2d 875 (Fla.1982). The proffered testimony would be sufficient to show the corpus delicti of trafficking in 400 grams…

2Cases cited3 opinions

  1. State v. AllenSupreme Court of Florida · 1976
  2. Madruga v. StateDistrict Court of Appeal of Florida · 1983
  3. Capo v. StateDistrict Court of Appeal of Florida · 1981

3Cited by3 opinions

  1. Brooks v. StateSupreme Court of Florida · 2000
  2. Donado v. StateDistrict Court of Appeal of Florida · 1990
  3. HECTOR ENRIQUE MOJICAPHIPPS vs STATE OF FLORIDADistrict Court of Appeal of Florida · 2022

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